REGULATIONS FOR THE PROCEDURE AND CRITERIA TO BE FOLLOWED IN THE DETERMINATION OF AN ADMINISTRATIVE FINE IN TERMS OF SECTION 22A OF THE ACT, 2016

These 2016 regulations, issued by the Minister of Environmental Affairs, establish the procedure and criteria for determining administrative fines for persons operating listed activities without a valid atmospheric emission license under section 22A of the National Environmental Management: Air Quality Act, 2004.

• The regulations outline a process where a person operating a listed activity without a valid atmospheric emission license may apply for one under section 22A of the Act. The licensing authority must determine the administrative fine based on specific criteria in Annexure 1 before deciding whether to issue or refuse the license.
• Applicants are required to pay the determined administrative fine as well as the applicable atmospheric emission license processing fee.
• The maximum fine specified in section 22A of the Act applies to applicants who have previously been convicted of an offence regarding the commencement of a listed activity or who have previously submitted an application under section 22A, unless compelling reasons are provided.
• Annexure 1 specifies a minimum fine of R200,000 for operating illegally. Additional amounts are added for aggravating factors: R200,000 for each 12-month cycle the facility operated without a license, and R1,000,000 if the facility is located in a declared Priority Area under section 18 of the Act.

APA

Centre for Environmental Rights (2016). REGULATIONS FOR THE PROCEDURE AND CRITERIA TO BE FOLLOWED IN THE DETERMINATION OF AN ADMINISTRATIVE FINE IN TERMS OF SECTION 22A OF THE ACT, 2016. https://cer.org.za/wp-content/uploads/2010/03/Administrative-Fines.pdf?x21779

Chicago

Centre for Environmental Rights. REGULATIONS FOR THE PROCEDURE AND CRITERIA TO BE FOLLOWED IN THE DETERMINATION OF AN ADMINISTRATIVE FINE IN TERMS OF SECTION 22A OF THE ACT, 2016. 2016. https://cer.org.za/wp-content/uploads/2010/03/Administrative-Fines.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=REGULATIONS FOR THE PROCEDURE AND CRITERIA TO BE FOLLOWED IN THE DETERMINATION OF AN ADMINISTRATIVE FINE IN TERMS OF SECTION 22A OF THE ACT, 2016 |date=18 March 2016 |url=https://cer.org.za/wp-content/uploads/2010/03/Administrative-Fines.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centreforenvironmentalrights2016regulations, author = {{Centre for Environmental Rights}}, title = {{REGULATIONS FOR THE PROCEDURE AND CRITERIA TO BE FOLLOWED IN THE DETERMINATION OF AN ADMINISTRATIVE FINE IN TERMS OF SECTION 22A OF THE ACT, 2016}}, institution = {Centre for Environmental Rights}, year = {2016}, month = mar, url = {https://cer.org.za/wp-content/uploads/2010/03/Administrative-Fines.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }